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The Western Carolinian
SPECIAL
EDITION
SPECIAL SEPTEMBER HEARING EDITION WESTERN CAROLINIAN SEPTEMBER 27, 1977
Injunction granted
League of Women voters, Nicholas win suit against board
Accc
Dan K. Diet/
ordered Thursday by Superior Court
Judge Harry Martin of Asheville to
comply with North Carolina open
meeting and public document stat-
The injunction was grained in
connection with a lawsuit filed in
August by the Jackson County
League of Women Voters and Ms.
Veronica Nicholas against the board
and Dietz.
The injunction requires the county
•lake a formal vote before going
after meetings on the courthouse
bulletin board.
•Post all notices of special meetings
within the lawful 48 hours and put
time and dale posted on the notices.
•List in a document book the names
ot people requesting documents, the
requested documents, the date of the
requests and the response of the
custodians of the documents to the
requests.
Should the commissioners violate
any of the orders, they could be
found in contempt of court and fined
Jackson County Attorney
Creighton W. "/.eke" Sossomon,
defending the commissioners in the
suit, said the board could meet in
discuss "personnel matters": discussions of positions or potential
positions and across-the-board pay
raises, as well as business dealing
with particular employees or
potential employees.
McAllister argued that the statute
says only particular people may be
discussed in secret, not policy, to
avoid potential "personality, not
personnel" conflicts. She said the
word "personnel," used by
Sossomon in his arguements. never
A North Carolina statute says any
document having to do with the legal
duties of a county board should be
made public. Ms. McAllister
argued that a "monthly financial
report" issued to the o
by Diet/
i Chairman Bruce
Wike's order, withheld from public
view, is a public document because il
aids the board in carrying out its
duty, although there is no law calling
for such a document.
Sossomon argued the reports are
only "working tools " designed to
keep board members abreast of
expenditures and revenue, and that
yearly audit reports are public,
providing any financial information
the public may require.
Judge Martin, whilcanot deciding
who is right, suggested that it might
be an act of good will by the
commission to post the reports.
These legal questions can now
»only be answered by further
litigation,
Sossomon said that although the
board has 10 days upon receipt of the
order to appeal, he expects no appeal
lo be made.
Ms. Nicholas said the injunction
ended the lawsuit and that
McAllister drew up the order
(expected next Wednesday) as a
The Defense Testimony
intention to abide by the '
Wike denied he ever loci
iieeting room door dui
•egularlv scheduled 10 a.m.
oniniissioners meeting. He
lidn't realize the door was
Fisher and Glenn Hughes) or. from
the public (including some ol the
plaintiff's witnesses and Ms.
Nicholas).
He said he considered the monthly
financial reports 10 be easily misunderstood and not a permanent
record. He said that although the
minutes were not made available to
the public ioi up to 30 days alter a
meeting, he and other board
members frequently discussed them
with selected members of the
■•media." Sources from WRGC radio
Svlva and the Sylva Herald con
firmed this.
Diet/, also clerk for the commission, said he could not give Ms.
Nicholas information about how
much money had been spent on the
Jackson Countv Airport when she
requested it June 20 because he was
busy preparing for a budget meeting
and I-
• Ins
Frank Watson. Deil/'s assistant
and commission meeting secretary,
said he took the meeting minutes in
longhand and had had them typed
within the nexl few days, but did not
allow anyone to see them until they
were approved at the next regular
monthly meeting and added to the
minutes book. He said changes were
made regularly between the three
forms of the minutes.
Mrs. Fannie Roper, county
commission secretary, testified that
she "always" posts special meeting
notices within 48 hours (as required
by law) of the meetings, but could
Audit Report raises questions
he following is an excerpt of a letter from the
;. State Auditor's Office pointing out dispenses in Jackson County's 1974-75 Audit
Report.
Some of the questions it raises might possiblv
be heller discussed with the commissioners at
heir next regularly scheduled public meeting.
The next meeting is October 3 at 10 a.m. Clip
his excerpt and take it with you to clear up any-
possible misunderstandings which might result
from reading it.
The County violated Section 51.70 (d) (3) of the
Revenue Sharing Regulations in that:
a) The county transferred $41,000 on June 30.
$46,575, made from the county's capital projects
County's general fund as a "Contribution to
General Fund." Documentation supporting the
expenditure of these funds could not be provided
at the time of our audit.
b) Revenue sharing expenditures, totaling
$46,575. made from the County's capital projects
fund (Airport Account) were not supported with
sufficient documentation. Specifically, these
expenditures were made on check numbers 2806
and 2841 on August 10. 1974 and December 10.
1974, respectively.
c) Specific documentation supporting the
expenditure of $78,000 transferred to the Board
of Education could not be identified. Computation of the amount in question is as follows:
Total revenue sharing funds
Less: (documented expenditu
Land purchase
$200,000
$ 78,000
Nit-hulas, tar left, So
the main figures in the
which the commist
what sunburned...

The Western Carolinian
SPECIAL
EDITION
SPECIAL SEPTEMBER HEARING EDITION WESTERN CAROLINIAN SEPTEMBER 27, 1977
Injunction granted
League of Women voters, Nicholas win suit against board
Accc
Dan K. Diet/
ordered Thursday by Superior Court
Judge Harry Martin of Asheville to
comply with North Carolina open
meeting and public document stat-
The injunction was grained in
connection with a lawsuit filed in
August by the Jackson County
League of Women Voters and Ms.
Veronica Nicholas against the board
and Dietz.
The injunction requires the county
•lake a formal vote before going
after meetings on the courthouse
bulletin board.
•Post all notices of special meetings
within the lawful 48 hours and put
time and dale posted on the notices.
•List in a document book the names
ot people requesting documents, the
requested documents, the date of the
requests and the response of the
custodians of the documents to the
requests.
Should the commissioners violate
any of the orders, they could be
found in contempt of court and fined
Jackson County Attorney
Creighton W. "/.eke" Sossomon,
defending the commissioners in the
suit, said the board could meet in
discuss "personnel matters": discussions of positions or potential
positions and across-the-board pay
raises, as well as business dealing
with particular employees or
potential employees.
McAllister argued that the statute
says only particular people may be
discussed in secret, not policy, to
avoid potential "personality, not
personnel" conflicts. She said the
word "personnel," used by
Sossomon in his arguements. never
A North Carolina statute says any
document having to do with the legal
duties of a county board should be
made public. Ms. McAllister
argued that a "monthly financial
report" issued to the o
by Diet/
i Chairman Bruce
Wike's order, withheld from public
view, is a public document because il
aids the board in carrying out its
duty, although there is no law calling
for such a document.
Sossomon argued the reports are
only "working tools " designed to
keep board members abreast of
expenditures and revenue, and that
yearly audit reports are public,
providing any financial information
the public may require.
Judge Martin, whilcanot deciding
who is right, suggested that it might
be an act of good will by the
commission to post the reports.
These legal questions can now
»only be answered by further
litigation,
Sossomon said that although the
board has 10 days upon receipt of the
order to appeal, he expects no appeal
lo be made.
Ms. Nicholas said the injunction
ended the lawsuit and that
McAllister drew up the order
(expected next Wednesday) as a
The Defense Testimony
intention to abide by the '
Wike denied he ever loci
iieeting room door dui
•egularlv scheduled 10 a.m.
oniniissioners meeting. He
lidn't realize the door was
Fisher and Glenn Hughes) or. from
the public (including some ol the
plaintiff's witnesses and Ms.
Nicholas).
He said he considered the monthly
financial reports 10 be easily misunderstood and not a permanent
record. He said that although the
minutes were not made available to
the public ioi up to 30 days alter a
meeting, he and other board
members frequently discussed them
with selected members of the
■•media." Sources from WRGC radio
Svlva and the Sylva Herald con
firmed this.
Diet/, also clerk for the commission, said he could not give Ms.
Nicholas information about how
much money had been spent on the
Jackson Countv Airport when she
requested it June 20 because he was
busy preparing for a budget meeting
and I-
• Ins
Frank Watson. Deil/'s assistant
and commission meeting secretary,
said he took the meeting minutes in
longhand and had had them typed
within the nexl few days, but did not
allow anyone to see them until they
were approved at the next regular
monthly meeting and added to the
minutes book. He said changes were
made regularly between the three
forms of the minutes.
Mrs. Fannie Roper, county
commission secretary, testified that
she "always" posts special meeting
notices within 48 hours (as required
by law) of the meetings, but could
Audit Report raises questions
he following is an excerpt of a letter from the
;. State Auditor's Office pointing out dispenses in Jackson County's 1974-75 Audit
Report.
Some of the questions it raises might possiblv
be heller discussed with the commissioners at
heir next regularly scheduled public meeting.
The next meeting is October 3 at 10 a.m. Clip
his excerpt and take it with you to clear up any-
possible misunderstandings which might result
from reading it.
The County violated Section 51.70 (d) (3) of the
Revenue Sharing Regulations in that:
a) The county transferred $41,000 on June 30.
$46,575, made from the county's capital projects
County's general fund as a "Contribution to
General Fund." Documentation supporting the
expenditure of these funds could not be provided
at the time of our audit.
b) Revenue sharing expenditures, totaling
$46,575. made from the County's capital projects
fund (Airport Account) were not supported with
sufficient documentation. Specifically, these
expenditures were made on check numbers 2806
and 2841 on August 10. 1974 and December 10.
1974, respectively.
c) Specific documentation supporting the
expenditure of $78,000 transferred to the Board
of Education could not be identified. Computation of the amount in question is as follows:
Total revenue sharing funds
Less: (documented expenditu
Land purchase
$200,000
$ 78,000
Nit-hulas, tar left, So
the main figures in the
which the commist
what sunburned...